Chabad Lubavitch of the Beaches, Inc. v. Incorporated Village of Atlantic Beach et al
| Chabad Lubavitch of the Beaches, Inc. |
| Incorporated Village of Atlantic Beach, Mayor George J. Pappas, Edward A. Sullivan, Linda L. Baessler, Andrew J. Rubin, Patricia Beaumont and Mayor George Pappas |
| 2:2022cv04141 |
| July 14, 2022 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Joanna Seybert |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
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ORDER granting #52 Motion to Withdraw as Attorney. Attorney David M. Rody terminated. Ordered by Magistrate Judge Arlene R. Lindsay on 9/7/2022. c/ecf (Imrie, Robert)
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| Filing 52 MOTION to Withdraw as Attorney by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Declaration of David M. Rody) (Rody, David) |
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Filing 51
ORDER GRANTING PRELIMINARY INJUNCTION granting #4 Motion for Order to Show Cause; ORDERED that Chabad's PI Motion (ECF No. 4) is GRANTED to the extent that Defendants are preliminarily enjoined from taking any further steps to take Chabad's Property by eminent domain pending final resolution of Chabad's Complaint. So Ordered by Judge Joanna Seybert on 9/6/2022. (Valle, Christine)
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| Filing 50 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Linda L. Baessler, Patricia Beaumont, Incorporated Village of Atlantic Beach, George Pappas, Andrew J. Rubin, Edward A. Sullivan. (Attachments: #1 Memorandum in Support, #2 Exhibit) (Miskiewicz, James) |
| Filing 49 Minute Entry for proceedings held before Judge Joanna Seybert: Preliminary Injunction Hearing held on 8/3/2022. See entry for details. (Court Reporter Paul Lombardi.) (Russo, Eric) |
| Filing 48 NOTICE of Appearance by David Jonathan Hacker on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Hacker, David) |
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ORDER re #46 : The Motion of David J. Hacker for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 8/3/2022. c/ecf (Imrie, Robert)
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| Filing 47 WAIVER OF SERVICE Returned Executed by Andrew J. Rubin, Edward A. Sullivan, George Pappas, Patricia Beaumont, Incorporated Village of Atlantic Beach, Linda L. Baessler. All Defendants. (Miskiewicz, James) |
| Filing 46 MOTION to Appear Pro Hac Vice by David J. Hacker Filing fee $ 150, receipt number BNYEDC-15806783. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit David J. Hacker Pro Hac Vice, #2 Certificates of Good Standing from Texas, California and Illinois, #3 Proposed Order for Motion for Admission Pro Hac Vice) (Hacker, David) |
| Filing 45 NOTICE of Appearance by James Miskiewicz on behalf of All Defendants (aty to be noticed) (Attachments: #1 Proposed Order, #2 Admission Information, #3 Admission Information, #4 Affidavit in Support) (Miskiewicz, James) |
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SCHEDULING ORDER: re #17 Order on Motion for Order to Show Cause: Due to unforeseen circumstances, the Court is unavailable on Friday, July 29, 2022, and will not be available until Wednesday, August 3, 2022 at 9:00 a.m. (Courtroom No. 1030) to conduct the Show Cause Hearing on Plaintiff's Motion for a Preliminary Injunction. (See OSC Order, ECF No. #17 .) The August 3rd date is after the expiration of the Court's Temporary Restraining Order ("TRO"). (See id. at 2, 3.) See also Fed. R. Civ. P. 65(b)(2). However, before it expires, a temporary restraining order may be extended for good cause and for a period not to exceed 14 days. See Fed. R. Civ. P. 65(b)(2). "Courts have found the unavailability of the trial judge as good cause for extending a TRO." Cortland Line Hldgs. LLC v. Lieverst, No. 5:18-CV-0307, 2018 WL 10758585, at * 2 (N.D.N.Y. Mar. 23, 2018) (citation omitted). Thus, because of the its unavailability, the Court finds good cause to extend its July 15, 2022 TRO. Accordingly, IT IS HEREBY ORDERED that the TRO is extended through August 3, 2022, at 11:59 p.m. The parties are ON NOTICE: The TRO is subject to further extension. Motion Hearing set for 8/3/2022 at 09:00 AM in Courtroom 1030 before Judge Joanna Seybert.Ordered by Judge Joanna Seybert on 7/27/2022. c/ECF (Killigrew, Patricia)
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| Filing 44 CERTIFICATE OF SERVICE by Chabad Lubavitch of the Beaches, Inc. Declaration of Service re: Plaintiff's Witness List and Reply Brief in Support of Motion for Preliminary Injunction (Rody, David) |
| Filing 43 Witness List by Chabad Lubavitch of the Beaches, Inc. (Rody, David) |
| Filing 42 REPLY in Support re #17 Order on Motion for Order to Show Cause, for Preliminary Injunction filed by Chabad Lubavitch of the Beaches, Inc.. (Rody, David) |
| Filing 41 Witness List by Incorporated Village of Atlantic Beach (Levi, Ashley) |
| Filing 40 NOTICE of Appearance by Kelsey Flores on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Flores, Kelsey) |
| Filing 39 NOTICE of Appearance by Joshua C. McDaniel on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (McDaniel, Joshua) |
| Filing 38 NOTICE of Appearance by Joshua Howard Rikon on behalf of Incorporated Village of Atlantic Beach (notification declined or already on case) (Rikon, Joshua) |
| Filing 37 AFFIDAVIT of Service for Memorandum in Opposition served on Plaintiff on July 20, 2022, filed by Incorporated Village of Atlantic Beach. (Levi, Ashley) |
| Filing 36 DECLARATION re #34 Memorandum in Opposition Declaration of Edward A. Sullivan by Incorporated Village of Atlantic Beach (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Levi, Ashley) |
| Filing 35 DECLARATION re #34 Memorandum in Opposition Declaration of Joshua H. Rikon by Incorporated Village of Atlantic Beach (Attachments: #1 Exhibit) (Levi, Ashley) |
| Filing 34 MEMORANDUM in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction filed by Incorporated Village of Atlantic Beach. (Rikon, Joshua) |
| Filing 33 NOTICE of Appearance by Ryan Nathan Gardner on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Gardner, Ryan) |
| Filing 32 NOTICE of Appearance by Justin Butterfield on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Butterfield, Justin) |
| Filing 31 NOTICE of Appearance by Jeremiah G. Dys on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Dys, Jeremiah) |
| Filing 30 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15765744. by Incorporated Village of Atlantic Beach. (Attachments: #1 Declaration, #2 Certificate of Service, #3 Proposed Order) (Levi, Ashley) |
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ORDER re #26 : The Motion of Joshua C. McDaniel for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/20/2022. c/ecf (Imrie, Robert)
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ORDER re #27 : The Motion of Ryan N. Gardner for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/20/2022. c/ecf (Imrie, Robert)
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ORDER re #29 : The Motion of Kelsey M. Flores for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/20/2022. c/ecf (Imrie, Robert)
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ORDER re #30 : The Motion of Ashley Levi for Leave to Appear Pro Hac Vice is denied. A member of the bar of the State of New York must seek admission to the court pursuant to the procedures set forth in Local Rule 1.3(a).Ordered by Magistrate Judge Arlene R. Lindsay on 7/20/2022. c/ecf (Imrie, Robert)
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| Filing 29 MOTION to Appear Pro Hac Vice of Kelsey M. Flores Filing fee $ 150, receipt number BNYEDC-15763002. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Declaration of Kelsey M. Flores, #2 Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice) (Flores, Kelsey) |
| Filing 28 AFFIDAVIT of Service for Order to Show Cause, complaint, and all papers and pleadings in support (Declaration of Service) on July 15, 2022, filed by Chabad Lubavitch of the Beaches, Inc.. (Feith, Daniel) |
| Filing 27 MOTION to Appear Pro Hac Vice Ryan N. Gardner Filing fee $ 150, receipt number ANYEDC-15762639. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Ryan N. Gardner Pro Hac Vice, #2 Certificate of Good Standing-State Bar of Texas, #3 Proposed Order for Motion for Admission Pro Hac Vice) (Gardner, Ryan) |
| Filing 26 MOTION to Appear Pro Hac Vice of Joshua C. McDaniel Filing fee $ 150, receipt number ANYEDC-15762392. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Declaration of Joshua C. McDaniel with Attached Certificate of Good Standing, #2 Proposed Order for Admission Pro Hac Vice) (McDaniel, Joshua) |
| Filing 25 AFFIDAVIT of Service for Order to Show Cause, complaint, and all papers and pleadings in support (Declaration of Service) served on Incorporated Village of Atlantic Beach, Mayor George Pappas, Edward A. Sullivan, Linda L. Baessler, Andrew J. Rubin, and Patricia Beaumont on July 15, 2022, filed by Chabad Lubavitch of the Beaches, Inc.. (Rody, David) |
| Filing 24 NOTICE of Appearance by Robert Michael Smith on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Smith, Robert) |
| Filing 23 NOTICE of Appearance by Peter Bruland on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Bruland, Peter) |
| Filing 22 NOTICE of Appearance by Daniel Jacob Feith on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Feith, Daniel) |
| Filing 21 NOTICE of Appearance by Gordon D. Todd on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Todd, Gordon) |
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ORDER re #14 : The Motion of Daniel J. Feith for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2022. c/ecf (Imrie, Robert)
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ORDER re #13 : The Motion of Gordon D. Todd for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2022. c/ecf (Imrie, Robert)
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ORDER re #15 : The Motion of Robert M. Smith for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2022. c/ecf (Imrie, Robert)
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ORDER re #20 : The Motion of Jeremiah G. Dys for Leave to Appear Pro Hac Vice. is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2022. c/ecf (Imrie, Robert)
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ORDER re #16 : The Motion of Peter A. Bruland for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2022. c/ecf (Imrie, Robert)
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ORDER re #19 : The Motion of Justin E. Butterfield for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/18/2022. c/ecf (Imrie, Robert) Modified on 7/21/2022 to correct a typographical error (Imrie, Robert).
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| Filing 20 MOTION to Appear Pro Hac Vice Jeremiah G. Dys Filing fee $ 150, receipt number ANYEDC-15754374. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Affidavit in Support of Motion to Admit Jeremiah G. Dys Pro Hac Vice, #2 Certificates of Good Standing (TX, WV) Jeremiah G Dys, #3 Proposed Order for Motion for Admission Pro Hac Vice) (Dys, Jeremiah) |
| Filing 19 MOTION to Appear Pro Hac Vice Justin E. Butterfield Filing fee $ 150, receipt number ANYEDC-15754266. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Justin E. Butterfield Pro Hac Vice, #2 Certificate of Good Standing Justin E. Butterfield, #3 Proposed Order Proposed Order) (Butterfield, Justin) |
| Filing 18 NOTICE of Appearance by Ryan Nathan Gardner on behalf of Chabad Lubavitch of the Beaches, Inc. (aty to be noticed) (Gardner, Ryan) |
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Filing 17
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Please See Order for Further Details. Show Cause Hearing set for 7/29/2022 at 09:30 AM in Courtroom 1030 before Judge Joanna Seybert. So Ordered by Judge Joanna Seybert on 7/15/2022. (Ortiz, Grisel) Modified on 7/15/2022- to correct a typographical error. (Ortiz, Grisel).
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| Filing 16 MOTION to Appear Pro Hac Vice - Peter A. Bruland Filing fee $ 150, receipt number ANYEDC-15753009. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Declaration of Peter A. Bruland, #2 Certificate of Good Standing, #3 Proposed Order) (Bruland, Peter) |
| Filing 15 MOTION to Appear Pro Hac Vice - Robert M. Smith Filing fee $ 150, receipt number ANYEDC-15752560. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Declaration of Robert M. Smith, #2 Certificate of Good Standing, #3 Proposed Order) (Smith, Robert) |
| Filing 14 MOTION to Appear Pro Hac Vice - Daniel J. Feith Filing fee $ 150, receipt number ANYEDC-15752497. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Declaration of Daniel J. Feith, #2 Certificate of Good Standing, #3 Proposed Order) (Feith, Daniel) |
| Filing 13 MOTION to Appear Pro Hac Vice - Gordon D. Todd Filing fee $ 150, receipt number ANYEDC-15752373. by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Declaration of Gordon D. Todd, #2 Certificate of Good Standing, #3 Proposed Order) (Todd, Gordon) |
| Filing 12 MOTION for Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction (CORRECTED) by Chabad Lubavitch of the Beaches, Inc.. (Rody, David) |
| Filing 11 Summons Issued as to All Defendants. (Jakubowski, Laura) |
| Filing 10 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Jakubowski, Laura) |
| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Jakubowski, Laura) |
| Filing 8 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction (DECLARATION OF SOLOMON PERLSTEIN) filed by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Exhibit 1 - For Sale Sign at 2025 Park Street) (Rody, David) |
| Filing 7 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction (DECLARATION OF ELI GOODMAN) filed by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Exhibit 1 - Invitation to Mayor, #2 Exhibit 2 - Village of Atlantic Beach Residents Facebook Group Comments, #3 Exhibit 3 - Village of Atlantic Beach Residents Facebook Group Comments, #4 Exhibit 4 - Village of Atlantic Beach Residents Facebook Group Comments, #5 Exhibit 5 - Village of Atlantic Beach Residents Facebook Group Comments, #6 Exhibit 6 - State Petition) (Rody, David) |
| Filing 6 AFFIDAVIT/DECLARATION in Support re #4 MOTION for Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction (DECLARATION OF GORDON D. TODD) filed by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Exhibit 1 - Dec. 13, 2021 Meeting Minutes, #2 Exhibit 2 - Jan. 10, 2022 Hearing Transcript, #3 Exhibit 3 - Feb. 14, 2022 Meeting Minutes, #4 Exhibit 4 - Deed for Beachfront Plot, #5 Exhibit 5 - Tax Map for Beachfront Plot, #6 Exhibit 6 - Deed for Plot South of Village Hall, #7 Exhibit 7 - Tax Map for Plot South of Village Hall) (Rody, David) |
| Filing 5 MEMORANDUM in Support re #4 MOTION for Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction filed by Chabad Lubavitch of the Beaches, Inc.. (Rody, David) |
| Filing 4 MOTION for Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction by Chabad Lubavitch of the Beaches, Inc. (Rody, David) |
| Filing 3 Corporate Disclosure Statement by Chabad Lubavitch of the Beaches, Inc. (Rody, David) |
| Filing 2 NOTICE of Appearance by David M. Rody on behalf of Chabad Lubavitch of the Beaches, Inc. (notification declined or already on case) (Rody, David) |
| Filing 1 COMPLAINT against Linda L. Baessler, Patricia Beaumont, Incorporated Village of Atlantic Beach, George Pappas, Andrew J. Rubin, Edward A. Sullivan filing fee $ 402, receipt number ANYEDC-15750832 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Chabad Lubavitch of the Beaches, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons as to Incorporated Village of Atlantic Beach, #3 Proposed Summons as to George J. Pappas, #4 Proposed Summons as to Edward A. Sullivan, #5 Proposed Summons as to Linda L. Baessler, #6 Proposed Summons as to Andrew J. Rubin, #7 Proposed Summons as to Patricia Beaumont, #8 Exhibit 1 - Public Hearing Transcript, #9 Exhibit 2 - Village of Atlantic Beach Residents Facebook Group Comments, #10 Exhibit 3 - Village of Atlantic Beach Residents Facebook Group Comments, #11 Exhibit 4 - Village of Atlantic Beach Residents Facebook Group Comments, #12 Exhibit 5 - Village of Atlantic Beach Residents Facebook Group Comments, #13 Exhibit 6 - Atlantic Beach Split By Sabbath Border) (Rody, David) Modified on 7/15/2022 (Jakubowski, Laura). |
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